Spousal support terminates per court order, or naturally by the death of either spouse or the remarriage of the supported spouse.
Unlike child support, spousal support is tax deductible to the spouse paying it (only those payments made after a court order is in place are tax deductible), and the spouse collecting it must claim the amount received in any given tax year as taxable income.
At the “permanent” stage of a case, meaning after a final Judgment of separation or divorce has been entered, the court must consider certain statutory factors in deciding (1) what amount of spousal support to order, if any; and (2) the duration (how many months or years) of the order. The court considers factors such…
At the “temporary” stage of a case, meaning from the time the divorce or separation case is filed up until the time a final Judgment is entered, the court often uses the support guideline (see discussion on child support for guideline factors) to determine what amount of spousal support should be paid.
Spousal support is a discretionary order, meaning the court has great freedom in determining what amount of support, if any, should be paid in a particular case, and for how long spousal support should be paid.
Spousal support is a court ordered payment from one spouse or domestic partner to help cover the other’s monthly expenses.
The other important factor that influences the amount of support that will be ordered is the amount of time each parent has physical responsibility for the child.
It is primarily based on each parent’s tax filing status (single, married or head of household) and average monthly income.
Child support in California is based on a mandatory uniform guideline, which uses an algebraic formula to determine the amount of child support.